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[This edited version of the report has been prepared by Dr Robert N Moles]

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On 10 April, the web site of Northumberland Today in Canada states in an editorial that “Elected judiciary wrong way to go” Editorial.

Surely, the best judge is the one most steeped in the law, the one who will hold in check the most zealous prosecutor and the fancy-danciest defender. But a recent poll reveals that 63% of Canadians polled - almost two-thirds - would like to see an elected judiciary, such as they have in the U.S. 30% were opposed, many violently so, and we can see why. If a judge who owes his or her continued employment to the voting public, there is an inherent and obvious danger of pandering to a particular section of the electorate.

Largely meaningless accusations now bruited about by politicians, such as soft on crime, and more recently, soft on terrorism would be heard far more often in our fair land. Fairness and impartiality under the law should be the priority of a judge, not currying political favour. We've all seen the television ads from south of the border, judges advertising their conviction rates. What Canada needs is fewer David Milgaards, Donald Marshalls and Guy Paul Morins, not more. Ideally, we would have none.

Conviction, as we have clearly seen, does not always equal justice. And, if wrongful conviction does not move every person to tears (the where-there's-smoke-there's-fire school of thought) we need to remember, for every person wrongly convicted, there is an actual perpetrator who paid no penalty at all. Ontario Chief Justice Roy McMurtry, acknowledged as one of the country's finest legal minds, has gone on record as being strongly opposed to the election of judges.

It could really destroy the very best traditions of an independent judiciary. I think it would be a tragic initiative for the administration of justice, Mr McMurtry has been quoted as saying. It is ironic, in a country with an appointed Senate, that we would even consider an elected judiciary. As a further irony, the same poll revealed that Canadians think much more highly of judges than they do of politicians.

Half of us said we trust judges more than politicians and believe judges should be paid more, as they are. For what earthly reason, then, would we ever want to make politicians out of our judges?

Source Canada: Northumberland Today - “Elected judiciary wrong way to go” Editorial – 10 April 2007

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